AG Aaron M. Frey.

Attorney General Aaron M. Frey joined a coalition of 19 attorneys general in filing a common letter opposing the Council of Environmental Quality’s (CEQ) draft guidance in consideration of greenhouse gas emissions under the environmental impacts, including greenhouse gas emissions and the effects of climate change, as part of their decision-making process.   The requirement to consider greenhouse gas emissions and climate change that the Trump Administration is now attempting to revoke was the result of guidance issued by the Obama Administration in 2016.  In the comment letter, the coalition asserts that the Trump Administration’s draft guidance encourages agencies to violate NEPA and is arbitrary and capricious according to a press release issued two days ago.

“Greenhouse gas emissions are proven to have a harmful effect on Maine’s environment, economy and quality of life,” said Frey.  “By encouraging agencies to ignore climate change when they review decisions under NEPA, the rump Administration is unlawfully encouraging regulators to ignore evidence which could lead to  harmful health impacts and financial costs in the future.”

Enacted in 1969, NEPA is one of the nation’s foremost environmental statutes, NEPA requires that before any federal agency undertake a “major federal action significantly affecting the quality of the human environment,” it must consider the environmental impacts of the proposed action, alternatives to the action and any available mitigation measures nearly every federal action from the approval of significant energy and infrastructure projects to key decisions concerning federal public lands, requires compliance with NEPA.

AG Frey, representing Maine,  joins the coalition, led by California, and includes Colorado, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and the District of Columbia.